Hearsay Concerns Of Computer RecordsFor cases involving child pornography or computer related crimes including hacking and the Computer Fraud and Abuse Act, electronic evidence may prove to be the best evidence However, with these computer records to be applicable in court proceedings depends on whether the evidence will be admissible under the federal rules of evidence. Generally, whether or not the evidence is admissible based on hearsay concerns must be addressed and the evidence must be authenticated as well. Whether or not these records can be used to prove the truth of the matter involved or withstand hearsay concerns is a huge concern.
The following questions have been addressed in this article:Have the hearsay exceptions been used to allow the introduction of computer-generated records?
What is the procedure for admitting a computer-stored record pursuant to the business records exception?
How does the best evidence rule apply to these computer records?